How is the crime of counterfeiting registered trademarks
1. Object Requirements
The object infringed by this crime is the legitimate exclusive right to register a trademark of others and the national trademark management order;
2. Objective requirements
The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.
3. Subject requirements
The criminal subject of the crime It is a general subject, that is, any enterprise, institution or individual who counterfeits the registered trademark of others and the circumstances meet the criminal standards shall be deemed to be guilty of this crime.
Four. Subjective elements
The subjective aspects of the crime are Intentionally and for profit. Negligence does not constitute this crime.
"Criminal Law" Article 213 [Crime of Counterfeiting Registered Trademarks] Using a registered trademark on the same product without the permission of the registered trademark owner If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently to a fine.
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